Tennessee Code Annotated
Tenn. Code Ann. § 39-17-407 (2026)
Criteria for Schedule II
✓ current as of May 2026
The commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall place a substance in Schedule II upon finding that:
- (1) The substance has high potential for abuse;
- (2) The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and
- (3) The abuse of the substance may lead to severe psychic or physical dependence.
Acts 1989, ch. 591, § 1; 2010, ch. 1100, § 65; 2012, ch. 575, § 2.
Notes of Decisions
Cited in 7
cases, 1993–2020 · leading case: State v. Keel, 882 S.W.2d 410 (Tenn. Crim. App. 1994).
State v. Keel, 882 S.W.2d 410 (Tenn. Crim. App. 1994). “” T.C.A. § 39-17-407. By providing different punishments for the respective schedules, it is apparent that the legislature has already considered the inherent nature of the various drugs in its setting of punishment.”
State v. Marshall, 870 S.W.2d 532 (Tenn. Crim. App. 1993). “” T.C.A. § 39-17-407. By providing different punishments for the respective schedules, it is apparent that the legislature has already considered the inherent nature of the various drugs in its setting of punishment.”
Abdur'Rahman v. Bredesen, 181 S.W.3d 292 (Tenn. 2005). “§ 39-17-407(1). As a result, sodium Pentothal may only be dispensed by written prescription or by a practitioner directly to the user of the controlled substance.”
Butler v. Owens (W.D. Tenn. 2020). “) He contends that the trial court sentenced him to concurrent sentences for his robbery under Tennessee Code Annotated § 39-13-402, aggravated assault under Tennessee Code Annotated § 39-13-102, and possession of cocaine with intent to sell under Tennessee Code Annotated §…”
State of Tennessee v. Corey Danielle Wellman (Tenn. Crim. App. 2009). “5 grams or more of a substance containing cocaine, a schedule II drug, see T.C.A. § 39-17-407 (2003), possession with intent to use drug paraphernalia, see id.”
State of Tennessee v. Joey Godwin (Tenn. Crim. App. 2014). “In an attempt to combat drug sales in public housing in the area, officers with the Humboldt Police Department’s drug task force worked in conjunction with a confidential source whom they placed in housing for the purpose of facilitating contact with drug dealers.”
State v. Bowen (Tenn. Crim. App. 1997). “See Tenn. Code Ann. § 39-17-407 (1997). Tennessee Code Annotated section 39-17-408 (6)(A) treats marijuana as a Schedule II controlled substance “only for the purposes enumerated in the Controlled Substances Therapeutic Research Act, compiled in title 68, cha pter 5 2" of th e…”
— Tenn. Code Ann. § 39-17-407(1) — 1 case
Abdur'Rahman v. Bredesen, 181 S.W.3d 292 (Tenn. 2005). “§ 39-17-407(1). As a result, sodium Pentothal may only be dispensed by written prescription or by a practitioner directly to the user of the controlled substance.”
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